The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-23

the county's indebtedness exceeded per cent.
when the debt was incurred. q Such as
sessment does not constitute an Indebtedness
within the meaning of Article ID of the Consti-
tuition prohibiting county from mourning an
Indebtedness exceeding per cent. of its taxable
values.
NEUTRALITY-SUSPICIOUS.
1876 Julia Bunch VS. Howell Grave ct al
1877 Bunch, the owner of land, mortgaged it,
his wife joining. Grave procured the assign
ment of judgments against Bunch to him, had
the land sold, and became the purchaser Mrs
Bunch became vested with one-third interest,
subject to the incumbrance. Grave went into
possession. The mortgages were foreclosed.
and it was adjudged that Graves land be sold
first The mortgages were assigned to, and the
DEGREES taken in the name of Graves. Graves
then declared his intention of treating the de-
crees as alive. and whom they amounted to the
value OF the tract sell the whole to satisfy them.
Mrs. Bunch brought a proceeding compel
Grave to sell according to the decree. ard 1t was
Prayer now OF the foregoing facts tina. the
land set OF TO her be discharged etc. When
Graves purchased the mortgages they were
merged in the fee. and they will not be kept
alive Because Mrs. Bunch misconceived her
rights. and procured order for the sale of the
land She is not thereby estopped from now
asserting her rights.
VOID JUDGMENT-APPEAL
lib VIM. S. Ferrier vs. Martin Deutch-
man. Clarke G. C. Affirmed. collars, G. j.
When a criminal case had been appealed to the
Common Pleas Court. which had no Jurisdiction
and such court dismisses the appeal, rendering
Judgment for costs such Judgment is void and
all subsequent proceedings based upon it are
void.
CONSTRUCTION OF CONTRACT.
1900. Henry Moore. trustee, VS.. Levi s
A note providing for the payment of 5000
when the company has built railroad from
kerlin, Clinton county, to Carmel, In Hamilton
county. and if the company shall not build such
bet ia all fS
land also to Indianapolis, in Marion county.
then the note shall be void" cannot be collected
if the road was not built to Carmel and Indian
apoilS The last words are not Surpusage.
PETITION TO SELL REAL ESTATE.
1887. Mary A. Renner ct al John w.
Ross. Fayette c. G. Reversed. Elliott. j.
The statute requires that petition to sell real
estate to make assets shall contain concise
statement of the facts, and when it does this the
petitioner will not be required to make more
specific When such petition alleged that the
$500, and omitted to allege whether she had
elected to take under the will under the stat
ute it failed to state facts sufficient to show that
there was necessity to SELL
1917 David B. Burton ct al VS.. State ex rel.
VIM. B. Baker ct al. Monroe C. c. Howk j.
Affirmed on the authority of State VS.. Cox
1927 John LusK Samuel Strouse ct al.
Park g. c. Dismissed.
1855. Francis B. Peabody Albert S. Cald-
well ct al. Stark C. G. Dismissed.
Kelley ct al DeKalb c. c. Rehearlng denied.
1882 l.. B. & w. Railway Company VS..
Frank Ebere. Marion S. C. Rehearing denied.
Superior Court.
Room I-Hon. N. B. Taylor. Judge.
In the matter of the extension of Lincoln
lane to Shelby street. On trial by jury.
Cunningham d Co. limited James B.
Wheeler; suit note Finding for plaintiffs
for $132. 49,
Room 3-Hon. Lewis G. Walker. Judge.
First National Bank George w. Geiger;
notes. Dismissed at plaintiffs costs.
Ida May Kleiuman VS.. Jacob Kleinman ct al;
for maintenance Dismissed at defendants costs.
Robert jenkins ct al Elisha Reed; dam
ages Finding for defendant.
Kate Bottom VS.. Henry Bottom: divorce
Granted on grounds of abandonment and failure
to provide.
Mary F. Robertson vs.. Joseph A. Robertson;
divorce. Granted grounds of drunkenness
and failure to provide.
Benjamin Harrison ct al. vs. HeZekiah Hink-
ston: account Dismissed at plaintiffs costs.
William S. Crank VS. PENNSYLVANIA Company;
damages Dismissed at plaintiffs costs.
Mary Wackter Louis Wackter; divorce.
Dismissed at plaintiffs costs.
August Haag William Rhode ct al; note.
On trial by the court.